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CLEARWATER BASIN MARINA LLC Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 09-29-15-32184-002-0020 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2011118779 05/05/2011 at 12:01 PM OFF REC BK: 17241 PG: 1782-1785 DocType.EAS RECORDING: $35.50 D DOC STAMP. $0.70 DRAINAGE & UTILITY EASEMENT JI FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, CLEARWATER BASIN MARINA, LLC, a Delaware limited liability company authorized to transact business in Florida, 611 Druid Road East , Suite 401, Clearwater, Fl. 33756 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A DRAINAGE AND UTILITY EASEMENT lying and being situate within a portion of the Southeast 1/4 of Section 9, Township 29 South, Range 15 East, being more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof ("Easement Premises") This easement is for drainage and utility installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, reconstruct, install and maintain therein the herein referenced drainage facilities, together with appurtenances thereto (collectively, "utility"), and to inspect and alter such utility from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. U:\Easements\CLEARWATER BASIN MARINA D&U EASE 0211.doc IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this day of Mt LCA- 12011. Signed, sea and delive in the c a of: _ e W sign re Ie ( ?tSe-h Print afilsnes Name A V\ff NESS siggature 4 M qvp-4-kr s Print Witness Name STATE OF FLORIDA COUNTY OF PINELLAS: L-i-j CLEARWATER BASIN MARINA, LLC, a Delaware limited liability company By, Print Na anaging Member Before me, the undersigned authority, personally appeared #)i c(we j 1? k , Managing Member of CLEARWATER BASIN MARINA, LLC, who executed the foregoing instrument as such officer on behalf of said limited liability company, and who acknowledged the execution thereof to be his free act and deed personally and as such officer, for the use and purposes herein set forth, and who [g ' ersonally known t me, or who [ ] did provide as identificatio My commission expires: rp Notary Public - State of Florida ,ad I a A?a 1/ ?4 ?rs Type/Print Name ?; •• :`; PATRIMMAVRAW * * MY COMMISSION i DD 797210 s, EXPIRES: June 12, 2012 op Bated Tin Budget"SWM C:\Users\Desktop\AppData\Local\Temp\CLEARWATER BASIN MARINA D&U EASE 0211.doc T. "N ryh N 4 n N.?. li w Wi k TTyp µ??a .W LU • .J J 47 ?(n . (!f u S 1 "Kt - v, w? hfy r.a e r v_.. ? ? R 1 ? i U 46 leo _( ry A 3 ? A oar A E?tH1?IT "Qt" - Pa e 1 of 2 - `' z = ro ?r1 ?, -? c r1 N ? M t?.? dam' (7 ? Q1 I? r HF„d wj;p ??"^ -? h" V,, Lo 2 vl ~ 4 ? ?'x ? F1Y r ?8 4 ? ? ? a fjI k ?? {? ? i ? , ?4 'Tr ._..,___, I _ ; ka u ?l 6 ., ?? ° C`l ?r ni t , 1? O f..r t it u: I t? w? d? w? <y H Q Qz 1 ? 0 U ° © F-4 It -+ i?+C!]?ptl? EXHIBIT "A" _ Pace 2 of Z LEGAL DESCRIPTION -PROPOSED DRAINAGE EASEMENT: A DRAINAGE EASEMENT LYING AND SITUATED IN SECTION 9, TOWNSHIP 29 SOUTH RANGE 15 BAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST' CORNER OF LOT 14, SUE BARCO SUBDIVISION, AS RECORDED IN PLA'.I' BOOK I., PAGE. 26, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.04042"59'"F,, ALONG THE WEST RIGHT-OF-W'AY LINE OF OSCEOLA AVENUE A DISTANCE OF 32.91 '.FEET FOR A POINT OF BEGINNING. THENCE S.87"I5'24'"W., A DISTANCE OF 128.82 FEET; THENCE N_26°00'38"W., A. DISTANCE OF 54.31 FEET TO THE FACE OF A CONCRETE SEAWALL,; THENCE ALONG SAID .LACE OF SEAWALL BY THE FOLLOWING TWO (2,) COURSES: S.87°08'09"E,, A DISTANCE.OF 13.53 FEET; THLNCw'I K00"40'06"E. A DISTANCE OF 6.44 FEET; THENCE S.26000'38'"E. A DISTANCE OF 3162 FEET; THENC'1:' N.87° 15"24"E. A DISTANCE OF 125.87 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE, 0SCI?(.)LA AVENUE; 'T'HENCE ALONG SAID WEST RIGHT-OF-WAY LINE S.04°42'59"W. A DISTANCE OF 25.21 FE .ET TO THE POINT OF BEGINNING. PROPOSED I5' DRA.INAGE EASEMENT LEGAL DESCRIPTION JOB'9 2011 - 0026 DATED 2-14-2011 SHEET 2 OF 2 L.R. PENNY AND ASSOC.IA'r>rS, INC. 1.0730 102ND AVENUE NoR'ru SEMINOLE, FLORIDA 33778 PRONE: (727) 398-4360 FAX: (727).319-6051 LICENSED BUSINESS # 6539 AFFIDAVIT OF NO LIENS STATE OF FLORIDA : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared Ae &[ Managing Member of CLEARWATER BASIN MARINA, LLC, a Delaware limited liability company, whom, being first duly sworn, does depose and say: That aforesaid LLC is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: GORRA'S, J. A. SUB, Block 2, Lots 1, 2 & 3 & vacated Nicholson Street adjacent South of Lot 3, and SUE BARCO SUB., Lots 13, 14 & 23 and Lot 22 LESS 131.8 feet X 29.56 foot triangle in the Southeast corner of Lot 2, Block 2 of J. A. GORRA'S SUB.; thence Northeasterly 65 feet along lot line to the Northeast corner of Lot 1; thence North 89°West, 151.37 feet; thence North 89° West, 119.57 feet; thence North 89° West, 658.64 feet to the bulkhead line of the Intercoastal Waterway; thence South 11° West, 72.13 feet; thence South 80° East, 25.51 feet; thence North 11° East, 49.72 feet; thence South 89° East, 46.2 feet; thence South 01° West, 45 feet; thence South 89° East, 216 feet; thence North 01 ° East, 20 feet; thence South 89° East, 135.07 feet to the seawall; thence South 01° East, 95.7 feet; thence North 89° West, 38.06 feet; thence South 01° West, 185 feet; thence South 89° East, 16.86 feet; thence along the seawall South 27° West, 120.87 feet; thence South 6° East, 9.02 feet; thence North 73° East, 178 feet; thence South 77° East, 74.93 feet; thence South 89° East, 136.63 feet; thence South 16° West, 29 feet; thence South 77° East, 29.97 feet; thence North 16° East, 58.92 feet; thence South 77° East, 99.93 feet to the West Right of Way of Osceola Avenue; thence Northerly 352 feet along the Right of Way to the POINT OF BEGINNING (Per O. R. 14261, Page 1149, Public Records of Pinellas County, Florida) 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, other that those which will be paid during the normal course of business, except: (list, or if none, insert "NONE". If no entry, it will be deemed that "NONE" has been entered.) - 4. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, and: (list, or if none, insert "NONE." If no entry, it will be deemed that "NONE" has been entered.) C:\Users\Desktop\AppData\Local\Temp\CLEARWATER BASIN MARINA D&U EASE 0211.doc R 5. That no written notice has been received for any public hearing regarding assessments for improvements by any government, and there are no unpaid assessments against the above described property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there are no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein have been requested by the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon in connection with the granting of the easement herein being conveyed to encumber the above-described property. Signed, sealed and delivered CLEARWATER BASIN MARINA, LLC, In the price of: _?_ - a Delaware limited liability company WI signat re 6rA-<tj/ ,C s e-By. . Prin2V ss Name Print N e c ., W Managing Member VVIT ESS signature Print Witness Name C:\Users\Desktop\AppData\Local\Temp\CLEARWATER BASIN MARINA D&U EASE 0211.doc